(1) This chapter applies to all claims for damages for personal injury, including claims to which the Motor Accident Injuries Act 2019
, chapter 5 (Motor accident injuries—common law damages) applies.
(2) However, this chapter does not apply to—
(a) a claim for compensation under the Workers Compensation Act 1951
; or
(b) a claim for which—
(i) notice has been given by or for the claimant under the Limitation Act 1985
, section 30A (2) (Special provision for injuries to children); and
(ii) notice has been given by a respondent under that Act, section 30A (6).
(3) Also, this chapter does not apply to a claim for damages for personal injury if a claim for compensation has been made under the Workers Compensation Act 1951
in relation to the injury.
(4) Despite subsection (3), part 5.2 (Claims procedures) applies to a claim for damages for personal injury, even though a claim for compensation may have been made under the Workers Compensation Act 1951
in relation to the injury, if—
(a) the Motor Accident Injuries Act 2019
, chapter 5 applies to the claim; or
(b) the claim is made against a person who is not an employer or insurer in relation to the injury under the Workers Compensation Act 1951
, chapter 6 (Claims)
even though it is also made against such a person.